It was #EmilBove who on Mon ordered the US atty in Manhattan, #DanielleSassoon, to move to dismiss the case. She refused &, yesterday, resigned. Several other #DOJ prosecutors also resigned rather than put their names on the motion to dismiss. Now, at the end of the week, #Bove’s own signature is on the motion.

The judge in the case, Dale Ho, will have the opportunity to question the DOJ ofcls, if he chooses to do so, about why to end the prosecution against Mayor #EricAdams.

NY Supreme Court Justice Juan #Merchan issued a limited #GagOrder before #Trump’s 6-wk #criminal trial citing grave safety concerns, but Trump & attys argued his rights were being trampled on.

“President Trump’s opponents & adversaries are using the Gag Order as a political sword to attack President Trump with reference to this case, on the understanding that his ability to mount a detailed response is severely restricted by the Gag Order,” Trump attys #Blanche & #Bove wrote in the doc.

Testimony readbacks can highlight moments that were seemingly rushed by during trial.
Here, we see that it was very important for the defense for #Bove to call #Pecker’s memory about this meeting into question.

Also the importance of objections becomes very apparent. Any objection that was sustained by the judge — & several were in this cross of Pecker — is not read aloud as the jury considers a potential verdict.

The #jurors just again heard #Pecker’s #testimony that the reason he was purchasing negative stories on #Trump’s behalf was to benefit his presidential campaign.

Defense atty Emil #Bove cross-examined Pecker, & jurors are hearing part of that cross now. Bove elicited testimony that Pecker misremembered the exact date of the Aug 2015 meeting, & more generally that Pecker was testifying about events from a long time ago.

#Bove next argues for instruction about “the involvement” of [other] counsel, even though #Merchan ruled before the trial that #Trump could not argue that he believed the acts were legal because lawyers were involved.

Bove says there was evidence presented that makes the instruction appropriate & it goes specifically to intent.

Prosecutor Colangelo notes that under NY #law, one predicate to obtaining such an instruction is that the defendant himself testifies.

Justice #Merchan: “My answer hasn’t changed, & honestly I find it disingenuous for you to make the argument at this point.”

Merchan tells #Bove not to stand up again [patience lost]

Merchan: “I let you speak.”

Now, Justice Merchan says, it is your turn to speak.

Bove says that he is not being disingenuous, & clarifies that he’s making his argument for the record — [for appeal]

Merchan tells Bove [again] that he’s repeating himself..

Re #DelayTactics, it’s of note, that the week before the #criminal NY #TrumpTrial began, #Trump atty #Bove made multiple efforts to delay in appeals court, arguing daily for postponing.

This afternoon Bove has offered many arguments which seem obvious to be denied by Justice #Merchan.

Seems pretty clear he’s just trying to draw this out as long as possible.

#Bove argues for a limiting instruction about the “legitimate purpose” of testimony about the #AccessHollywood tape.

The testimony was used to show that the publication of the tape changed #Trump’s view on the need to silence the #StormyDaniels story.

#Merchan asks defense for specific transcript pages at issue, but said for now he agrees w/the prosecution that it’s unnecessary.

#Trump atty #Bove also asks for #JuryInstructions about setting aside any preexisting prejudice they may have against #Trump.

#Merchan was going to deny the request (that’s what jury selection was for), but prosecution offers a version w/more neutral language, & Merchan agrees.

#Trump atty #Bove agrees the sentence is an accurate recitation of the “irrespective rule” (found in #FECA’s § on personal use) but defense wants examples included for the jury from the #FEC’s prior application of the rule.

#law #TrumpTrial
https://www.fec.gov/help-candidates-and-committees/making-disbursements/personal-use/

#Bove continues to ask about #RobertCostello’s meetings w/ #MichaelCohen. Prosecutors have objected a few times, & Justice #Merchan has sustained the objections.

Costello hits on a point that defense lawyers has sought to emphasize: that he was motivated by money.

After one of Costello’s answers is stricken, Costello shakes his head. Merchan wasn’t looking.

Bove’s re-direct ends w/an objection sustained.

“Nothing further,” says Bove.

There are objections, & lawyers confer w/Justice #Merchan who made clear he does not want this testimony by #RobertCostello to turn into a “trial within a trial,” aimed at attacking a witness — #MichaelCohen.

After the sidebar, Costello says he was giving Cohen “options” & waiting for his “instructions”

#Bove: “Did you ever pressure Michael Cohen to do anything?”

Costello: “I did not”

Bove: “Did you ever have control over Michael Cohen?”

Costello: “Clearly not”

#Bove, in his questioning, tries to reargue that #RobertCostello was not concerned about having failed #Trump but rather not being hired, & paid, by #MichaelCohen.

Bove makes it clear that Cohen, in 2018, used the back channel to Trump that he had been provided by Costello, communicating through the lawyer to #RudyGiuliani & presumably, Trump. [yeah, and?]

#Hoffinger’s final question is an accusation: whether #RobertCostello’s testimony to Congress was meant to #intimidate #MichaelCohen as he testified in this trial. Costello asked her to repeat the question & then denied the accusation. “No,” he said. “Ridiculous.”

#Trump atty #Bove, is on redirect. Costello testifies that Cohen said in April 2018 that he would be “eternally grateful” for the help & guidance that Costello had given him in those difficult days.